51ÁÔÆæ

As the remedy requested in the application had already been obtained, the Tribunal rejects the application as moot.

The Tribunal finds that the Respondent has been able to minimally show that the Applicant¡¯s candidature was given full and fair consideration, including special consideration as an internal candidate on an abolished post but that the Applicant has failed to show that she was denied a fair chance during the selection process. Accordingly, the Tribunal DECIDES that the application is rejected in its entirety.

The Tribunal found that Administration properly calculated the Applicant¡¯s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been ¡°re-employed¡± on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant¡¯s sick leave entitlement of three months on full salary and three months on half salary was calculated...

The Tribunal finds that the facts on which the disciplinary measure was based have not been established. The decision is rescinded in accordance with art. 10(5)(a) of this Tribunal¡¯s Statute. The Respondent may opt to pay compensation in lieu of rescission comprising her salary from the date of termination to the date when the Applicant would have retired from service. The Applicant has proved that she suffered moral damages and is awarded of two years¡¯ net base salary as damages for moral harm. The Applicant has also proved that she was over deducted by USD20, 987.91 causing her financial...

The Tribunal rejected the application as not receivable on two grounds: 1) Ratione personae because at the date of the filing of the present application the Applicant was not a staff member and the contested decision has no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment, and 2) Because it is premature since at the time of the filing of the application, the relevant response period for the management evaluation was still running.

The Tribunal dismissed the application for the following reasons: the facts had been established to the requisite standard of clear and convincing evidence because the Applicant failed to provide any evidence to contradict the Respondent¡¯s fundamental findings on the objective and subjective elements of the impugned conduct; the established facts qualified as misconduct because the Applicant failed to act with the diligence required of staff applying for education grant entitlements pursuant to ST/AI/2011/4; the sanction was not disproportionate because it was not the most severe sanction for...

Although the Organization¡¯s payment of the Applicant¡¯s final entitlements into the wrong bank account was a serious irregularity, the Tribunal concluded that the irregularity did not obliterate the fact that the Organization discharged its final payment obligation toward the Applicant because the payment was made into the Applicant¡¯s account on record. This mistake did not cause financial damage to the Applicant but rather resulted in a reduction of his personal liabilities. Further, the Applicant had had several opportunities to authorize the return of the funds to the Organization, and thus...

The Tribunal found that the right to know the contents of the report, although summarized, was implicit in the right of a staff member to complain against third persons because this right includes the right to know the reasons for which the Administration did not punish the accused person and the right to challenge this decision, founding the claim on specific grounds related to the Administration¡¯s assessment of the facts. The jrusiprudence acknowleges the right of the complainant to have a summary of the report is recognized too, and it is confirmed that only under exceptional circumstances...

Irregularities in connection with a process, including alleged delay in reaching a final decision, may only be challenged in the context of an application contesting the conclusion of an entire process. Indeed, this final administrative decision, which concludes the compounded administrative process in administering a staff member¡¯s complaint, is the only challengeable one and absorbs all the previous preliminary steps. The Tribunal noted from the record that the investigation of the Applicant¡¯s FRO¡¯s complaint had been completed and OHR had provided its assessment on the case. It further...

The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant¡¯s actions, as established by the facts, were abuse of the Applicant¡¯s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration¡¯s finding that the Applicant...